Date AnnouncedAug. 15, 2017
ICE issues guidance to OPLA attorneys implementing Executive Order 13768 on interior enforcement. The guidance revises enforcement priorities, directs the Office of Chief Counsel to review all previously administratively closed cases, states that prosecutorial discretion is not to be exercised in favor of leniency (except for members of the military and their family members), and announces a general policy of opposing motions to reopen. [ID #270]
See Biden administration action below.View Policy Document
Effective Date of ChangeAug. 15, 2017
Biden Administration ActionJanuary 20, 2021
This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.
On January 20, 2021, DHS issued a policy memo rescinding and suspending the Trump-era policy memo.2021.01.20 Review of and Interim Revision to Civil Immigration Enforcement and Removal Policies and Priorities
Biden Administration ActionMay 27, 2021
This Biden administration policy furthers the previously mentioned Biden administration action revoking in its entirety the Trump-era policy identified in this entry.
On May 27, 2021, ICE issued guidance to OPLA attorneys regarding enforcement priorities. In contrast to the previous Trump-era guidance, this document emphasizes the use of prosecutorial discretion when appropriate.2021.05.27 Interim Guidance to OPLA Attorneys Regarding Civil Immigration Enforcement and Removal Policies and Priorities
Obama administration ICE guidance directed OPLA to generally seek administrative closure or dismissal of cases that were not priorities, and to review information in incoming cases to determine whether, in a case that falls within an enforcement priority, unique factors and circumstances were present that may warrant the exercise of prosecutorial discretion.Guidance Regarding Cases Pending Before EOIR Impacted by Secretary Johnson's Memorandum entitled Policies for the Apprehension, Detention and Removal of Undocumented iImigrants